Strategic Service Delivery

As a neutral entity, PERC protects the collective bargaining rights granted to approximately 475,000 public employees through the fair and timely administration of mediation, adjudication, representation, and conflict prevention services.

During the pandemic, clientele filed approximately 100 cases involving vaccine mandates or other COVID-related protocols. Most of these filings were grievance mediation requests followed by unfair labor practice complaints and requests to mediate collective bargaining agreements. By 2022, most of the mediations of collective bargaining agreements had been resolved, and parties continued to make progress on the few that remained open. Of the unfair labor practice complaints brought by unions, none had gone to hearing and a few remained open, but most had been resolved as well. Several COVID-related unfair labor practice complaints filed by self-represented individuals went to hearing in 2022, with none resulting in the finding of a violation.

Requests For Services

41%

Looking Back at 2022

In 2022, even though PERC was still operating virtually in a nearly exclusive manner, the volume of case filings continued to move toward the pre-pandemic average. PERC saw a 16% increase in requests over 2020. Requests for conflict prevention services, the most impacted by the pandemic, continued to lag behind higher levels in recent years, while the volume of requests to mediate collective bargaining agreements began to rebound. Representation activity, particularly for new organizing, remained strong.

Representation

Elections

• Bargaining Unit Clarifications

▶ The number of election petitions was the highest since at least 2012.

▶ Petitions to represent previously unrepresented employees comprised 75% of all election petitions.

Other

Mediation

Collective Bargaining Agreements

• Grievances • ULP Complaints

▶ The number of requests for grievance mediation dropped from its two-year high as pandemic-related policies eased or became normalized.

▶ The 14 requests to mediate CBAs for teachers was consistent with the previous 10 years’ average.

Adjudication

ULP Complaints • Grievance Arbitrations • BU Configurations

▶ 2022 had the fewest number of examiner decisions since the year PERC was created and the fewest number of hearings.

▶ Time to hearing continued to rise.

Conflict

Prevention

Training • Outreach • Facilitation • Online Resources

▶ Conflict prevention requests were 15% below the previous 10 years’ average.

▶ PERC expanded its scope and reach of conflict prevention tools with The PERColator Podcast.

Upon request, PERC provides parties with a randomly generated list of names from its panel of qualified private arbitrators. PERC assigns arbitrators from its Law Enforcement Arbitrator Roster to conduct disciplinary grievance arbitration for law enforcement personnel. PERC also certifies to interest arbitration any issues remaining in dispute following mediation for employees under certain statutes.